1. Consent requirement in the visa procedure

This article addresses the requirement for approval by the immigration authorities in the visa process. If a visa is applied for at an embassy (foreign mission) abroad, the responsible immigration authority at the prospective place of residence must generally approve the visa issuance ( Section 31 of the Residence Ordinance ). In these cases, the embassy requests approval from the immigration authorities in an internal administrative procedure. This approval process between the embassy and the immigration authorities should not be confused with the advance approval of the Federal Employment Agency or the approval process at the Federal Employment Agency.

In the cooperation between the diplomatic missions abroad and the immigration authorities, the diplomatic missions abroad decide independently on the issuance of visas in accordance with Section 71 (2) of the Residence Act . The approval of the immigration authorities pursuant to Section 31 (1) of the Residence Ordinance represents an internal form of administrative involvement. For the immigration authorities to participate, the application form, copies of the supporting documents (stamped with "Original submitted"), and, if applicable, questionnaires or interview notes, along with the diplomatic mission's opinion, must be submitted to the immigration authorities. These documents are forwarded to the competent immigration authority via the Federal Office of Administration in Cologne.

2. When is approval from the immigration authorities necessary?

Approval by the immigration authorities for issuing a visa is generally required unless the visa is for educational or study purposes ( Section 3 of the Residence Act ) or for employment purposes ( Section 4 of the Residence Act ) ( Section 31, Paragraph 1, Sentence 1, No. 1 of the Residence Ordinance ). However, even in cases where an educational or work visa is applied for, the immigration authorities must approve it in the following cases:

• Foreigner wants to pursue self-employment in Germany

• Foreigner applies to attend school in Germany (Section 16f Paragraph 2 Residence Act)

• A foreigner wants to complete an apprenticeship or study in Germany and has already stayed in Germany with a temporary residence permit or has already been deported.

5. Confidentiality procedure

For certain groups of persons for whom a speedy visa issuance is in the particular interest of the Federal Republic of Germany, the Residence Act provides for an expedited procedure – the so-called confidentiality period procedure pursuant to Section 31, Paragraph 1, Sentence 3 of the Residence Ordinance . In this case, the approval of the immigration authorities is deemed to be granted automatically if no objections are raised by the immigration authorities to the embassy within a period of 10 days. This expedited procedure allows for significantly faster processing of the visa application.

However, the confidentiality period procedure is only applicable to a clearly defined group of individuals . This includes, in particular, individuals who have had a relevant prior stay , i.e., those who have already been in Germany once with a temporary suspension of deportation (Duldung) or permission to remain, or who have already been deported once. These individuals generally require the approval of the immigration authorities when applying for a visa, even for training or employment purposes, although approval from the immigration authorities is not actually required for training or employment visas. However, the confidentiality period procedure may then apply to them. There are other relevant exceptions. One of our lawyers would be happy to advise you on this in individual cases.